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New legal challenge to Stonehenge tunnel begins

28 Jul 23 Opponents of the planned road tunnel under the Stonehenge World Heritage Site have taken their first step in a legal challenge to the development consent order.

CGI of the western portal of the planned Stonehenge tunnel
CGI of the western portal of the planned Stonehenge tunnel

Save Stonehenge World Heritage Site, a Sussex-based campaign group that has been set up as a limited company, has today sent the government a pre-application protocol letter.

This is the precursor to it filing a claim for judicial review, which needs to be made by 25th August 鈥 within six weeks of transport secretary Mark Harper approving the develop consent order application.

This weekend marks the second anniversary of the quashing of the original development consent by the High Court after an application for judicial review was made by the same campaign group in 2021. At that time, the government was criticised for not having properly assessed alternatives to National Highways鈥 proposals.

Transport Action Network director Chris Todd is one of the three shareholders in Save Stonehenge World Heritage Site Ltd (SSWHS). He said: 鈥淭he same scheme that was thrown out in 2021. We believe there are strong grounds why this approval should also be struck down. We will do everything within our power to safeguard this most iconic of sites for future generations.鈥

Solicitor Rowan Smith, from London law firm Leigh Day, said: 鈥淭here is an unfortunate sense of d茅j脿 vu. It appears that, yet again, the government has ignored warnings that this road scheme will put at risk the world heritage status of Stonehenge. Despite calls by the World Heritage Committee for the decision to be delayed until it had met, the secretary of state went ahead and reinstated development consent, without holding another public examination. It will be argued that this unfairness, combined with a failure to properly assess the scheme鈥檚 climate change impact, rendered the secretary of state鈥檚 decision unlawful for a second time. If the government, following correspondence, refuses to accept that, then our client intends to launch another claim for judicial review.鈥

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SSWHS expects to receive the government鈥檚 response within two weeks. It will then have a further two weeks to file its claim.

National Highways last year named the MORE joint venture, comprising FCC Construcci贸n (42.5%), WeBuild (42.5%) and BeMo Tunnelling (15%), as its preferred contractor for the A303 Amesbury to Berwick Down scheme, which includes the tunnel, taking the road away from the stones.

Costain and Mott MacDonald collectively have a 拢60m contract to act as National Highway鈥檚 delivery assurance consultant.

Mace Consult is quantity surveyor for the controversial project.

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